A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

"2014 Highest 989"

1. On January 21, 2009, the defrauded made a false statement to the victim C, stating, “If the Defendant invests half of the total amount of KRW 60 million in a foreign accommodation rental business, he/she shall pay the profits of KRW 10-20 per month to the victim, and shall return the principal later.”

However, the defendant did not have any intent or ability to make an investment in the night rental business or to return the principal, even if he/she receives an investment from the victim, such as paying the personal debt with the money received from the victim, using it as living expenses and card bills, making a payment with earnings, etc. to other investors.

Around January 21, 2009, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the Gwangju Bank account in the name of the Defendant’s wife around January 21, 2009.

2. Around August 12, 2009, the fraud Defendant made a false statement to the victim C by phoneing the victim C at a place where the police officer was not a patrolman on August 12, 2009, stating that “A foreign apartment house was set up. The price as before is also 60 million won, and if an additional investment was made, the income will be paid under the same conditions, and the principal will be returned thereafter.”

However, the defendant did not have any intent or ability to make an investment in the night rental business or to return the principal, even if he/she receives an investment from the victim, such as paying the personal debt with the money received from the victim, using it as living expenses and card bills, making a payment with earnings, etc. to other investors.

As above, the Defendant, by deceiving the victim as above, shall be the sum of KRW 21 million on August 10, 2009 and KRW 9 million on August 12, 2009, to the Gwangju Bank Account under the name of the Defendant for the purpose of making investments from the victim.